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(영문) 광주지방법원 2020.05.21 2020고단155

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2017, the Defendant was issued a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act.

On January 6, 2019, the Defendant driven a motor vehicle Etwork from front of the “C” road located in Gwangju Mine-gu, to front of the same DD complex, while under the influence of alcohol of 0.129% of blood alcohol level around 22:10.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Records before judgment: Criminal records, etc. and the application of two copies of the summary order decision-making Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the defendant with the records of identical crimes twice, and the defendant again committed the crime in this case for a long time since the date of the crime in this case, the degree of blood alcohol at the time of the crime in this case, the background leading to the drunk driving, the distance and place leading to the drunk driving, the defendant's mistake is divided, and all of the sentencing conditions shown in the records and arguments in this case, including the defendant's age, character and behavior, and circumstances before and after the crime, shall be determined as ordered.